Abstract

Using the URL or DOI link below will
ensure access to this page indefinitely

Based on your IP address, your paper is being delivered by:

New York, USA

Processing request.

Illinois, USA

Processing request.

Brussels, Belgium

Processing request.

Seoul, Korea

Processing request.

California, USA

Processing request.

If you have any problems downloading this paper,please click on another Download Location above, or view our FAQFile name: SSRN-id1411214. ; Size: 6706K

You will receive a perfect bound, 8.5 x 11 inch, black and white printed copy of this PDF document with a glossy color cover. Currently shipping to U.S. addresses only. Your order will ship within 3 business days. For more details, view our FAQ.

Quantity:Total Price = $9.99 plus shipping (U.S. Only)

If you have any problems with this purchase, please contact us for assistance by email: Support@SSRN.com or by phone: 877-SSRNHelp (877 777 6435) in the United States, or +1 585 442 8170 outside of the United States. We are open Monday through Friday between the hours of 8:30AM and 6:00PM, United States Eastern.

‘Playing Doctor’ with the Patient’s Spouse: Alternative Conceptions of Health Professional Liability

The purpose of this Article is to provide the in-depth analysis lacking in the case law and scholarly literature on the question of whether a physician's sexual affair with a patient's spouse constitutes malpractice. Regardless of the legal theory pursued by the patient, with one minor exception, physician-affair claims have been decided uniformly and summarily against the patient. The issue may superficially seem to be a narrow one, but its thorough analysis illuminates the logic behind, and limits to, tort law theories as diverse as fraud, infliction of emotional distress, breach of fiduciary duty, and medical malpractice. Even theories of contractual and criminal liability are implicated. To the extent that the judicial reasoning that undergirds the physician-affair jurisprudence can be discerned, it will be evaluated. More importantly, a substantial body of unconsidered scientific literature, professional standards, and case law that bear on this issue will be discussed. With insights derived from these sources, the potential viability of the traditional legal theories espoused in physician affair cases will be reassessed; in addition, two new equitable theories of recovery will be proposed.